Abstract

Founded in 1951 on the proposal of the ILO Administrative Council, the Committee on Freedom of Association examines and concludes complaints about member states based on conventions 87 and 98. The CFA recognizes the right to strike as an integral part of trade union freedom. Some of the issues that come to the forefront in CFA’s decisions regarding the right to strike are as follows: - All employees have the right to strike. - The right to strike may be restricted or even banned concerning basic services in cases of severe crisis. - In order to balance the rights of strikers, independent, impartial and peaceful institutions should be utilized. - The authority of governments to suspend a legal strike for national security and general health reasons is not contrary to trade union freedom. However, governments should use these two concepts objectively and in good faith. - The basic services that closely affect the health or safety of the whole or a part of the public have been determined by the CFA. In services other than these, the spread of the strike to a very wide area and its excessive prolongation can be intervened if the necessities of the people cannot be met. In such cases, peaceful organs should be utilized.

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